Virender Singh Negi vs State Of Hp And Others
2021 Latest Caselaw 3698 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Arb. Case No.122 of 2019 Decided on:06.08.2021

Virender Singh Negi ..........Petitioner

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Versus State of HP and others ......Respondents ____________________________________________________

Coram:

Hon'ble Mr. Justice Ravi Malimath, Acting Chief Justice. Whether approved for reporting?

For the petitioner : Mr. Narender Sharma, Advocate. For the respondents : Mr. Ranjan Sharma and Mr. Vikas Rathore, Additional Advocate Generals.

(Through Video Conferencing) ______________________________________________________ Ravi Malimath, Acting Chief Justice (Oral).

The petitioner is before this Court in this petition

under Section 11(6) of the Arbitration and Conciliation Act, 1996

(for short 'the Act'), seeking for appointment of an Arbitrator to

resolve the dispute that has arisen between the parties.

2. It is the case of the petitioner that there was an

agreement, vide Annexure P-5, between the petitioner and the

respondents and accordingly a contract was entered into between

the parties. Certain disputes have arisen thereon. Clause-25 of

the Agreement provides for appointment of an Arbitrator.

______________________________________________________________________ Whether reporters of Local Papers may be allowed to see the judgment? Yes.

3. Under Section 11(6) of the Act, the High Court, while

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considering any application under Section 11(6) thereof, must

confine its examination only to the existence of an Arbitration

agreement. Since the existence of an arbitration agreement has

not been disputed by the respondents, this application must be

ordered, and the dispute referred to arbitration.

4. The respondents have filed the counter-affidavit. In

the counter-affidavit filed by the respondents, the fact that such an

arbitration clause exists, has been admitted.

5. Having considered the contentions of both sides, Mr.

Naresh Sharma, Engineer-in-Chief (Retd.), Bushaihar House

No.4, Ram Bazar, Shimla, Distt. Shimla (H.P.), is appointed as an

Arbitrator after his disclosure in writing is obtained in terms of

Section 11(8) of the Act; and only after receipt thereof shall his

appointment, as an Arbitrator, come into force.

6. On his giving consent to arbitrate the dispute between

the parties as an Arbitrator, Sh. Naresh Sharma, Engineer-in-

Chief (Retd.), Bushaihar House No.4, Ram Bazar, Shimla, Distt.

Shimla (H.P.), shall enter into reference, and shall pass an award

in accordance with law. The learned Arbitrator shall fix his fees in

consultation with both the parties.

7. The arbitration petition is disposed off accordingly.

Pending miscellaneous application is also disposed off.

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( Ravi Malimath ) Acting Chief Justice.

         August 06, 2021
         (Yashwant)




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